By indicating your acceptance, you understand, agree, warrant and covenant as follows:


FWTri Club - Friends Who Tri Waiver


I know that swimming, cycling, running, exercising and volunteering to work in club races, sponsored events and workouts are potentially hazardous activities. I should not enter and participate in club activities unless I am medically able and properly trained. I agree to abide by any decision of a race official relative to my ability to complete the event. I assume all risks associated with swimming, cycling, running, exercising and volunteering to work in club races, sponsored events and workouts including but not limited to, drowning, falls, contact with other participants, the effects of the weather, including high heat and/or humidity, the condition of the roads and traffic on the course, all such risks being known and appreciated by me. Having read this waiver and knowing these for myself and anyone entitled to act on my behalf, I waive and release the insurers of FWTri Club - Friends Who Tri, FWTri Club - Friends Who Tri, Inc., and all sponsors, their representatives and successors from all claims or liabilities of any kind arising out of my participation in these club activities even though that liability may arise out of negligence or carelessness on the part of the persons named in this waiver. I agree this waiver will continue to be valid each time I join or rejoin the club. 


FWTRI CLUB REGISTRATION AGREEMENT AND LIABILITY WAIVER (the "Agreement and Waiver")


1. Authority to Register and/or to Act as Agent. You represent and warrant to FWTri Club - Friends Who Tri, Inc. ("FWTri Club") that you have full legal authority to complete this member registration on behalf of yourself and/or any party you are registering (the "Registered Parties"), including full authority to make use of the credit or debit card to which registration fees will be charged.  As used in this Agreement and Waiver, FWTri Club refers to FWTri Club - Friends Who Tri, Inc. and any and all subsidiaries, affiliated entities, or entities that control or are controlled by FWTri Club singly or together and its officers, employees, contractors, subcontractors and agents. 


2.  Waiver.

YOU UNDERSTAND THAT PARTICIPATION IN A EVENT IS POTENTIALLY HAZARDOUS, AND THAT A REGISTERED PARTY SHOULD NOT PARTICIPATE UNLESS THEY ARE MEDICALLY ABLE AND PROPERLY TRAINED.  YOU UNDERSTAND THAT EVENTS MAY BE HELD IN OPEN WATER AND OVER PUBLIC ROADS AND FACILITES OPEN TO THE PUBLIC DURING THE EVENT AND UPON WHICH HAZARDS ARE TO BE EXPECTED.  PARTICIPATION CARRIES WITH IT CERTAIN INHERENT RISKS THAT CANNOT BE ELIMINATED COMPLETELY RANGING FROM MINOR INJURIES TO CATASTROPHIC INJURIES INCLUDING DEATH.   YOU UNDERSTAND AND AGREE THAT IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THE EVENT, YOU AND ANY REGISTERED PARTY, THE HEIRS, PERSONAL REPRESENTATIVES OR ASSIGNS OF YOU OR THE REGISTERED PARTY DO HEREBY RELEASE, WAIVE, DISCHARGE AND CONVENANT NOT TO SUE FWTRI CLUB FOR ANY AND ALL LIABILITY FROM ANY AND ALL CLAIMS ARISING FROM PARTICIPATION IN THE EVENT BY YOU OR ANY REGISTERED PARTY.  


3. Limitation of Liability; Disclaimer of Warranties. 

FWTRI CLUB SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE USE OR THE INABILITY TO USE FWTRI CLUB OR (B) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR (C) RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH FWTRI CLUB OR (D) RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF FWTRI CLUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF FWTRI CLUB IS AT YOUR SOLE RISK. FWTRI CLUB IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FWTRI CLUB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

FWTri Club makes no warranty that the FWTri Club site services will be uninterrupted, secure or error free. FWTri Club does not guarantee the accuracy or completeness of any information in, or provided in connection with, the FWTri Club site. FWTri Club is not responsible for any errors or omissions, or for the results obtained from the use of such information. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the FWTri Club site is at your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the download of such material and/or data.


4. Indemnification. You agree to indemnify and hold FWTri Club harmless from and against any and all damages, costs, claims or demands, including reasonable attorneys' fees, made by any third party due to or arising from or relating to your use of the FWTri Club site or the violation of any term of this Agreement and Waiver as well as the Terms of Service located at: http://www.fwtriclub.com/fwtdev/index.php?option=com_content&view=article&layout=edit&id=1 by you.


5. Applicable Law; Consent to Jurisdiction. The FWTri Club site (excluding linked sites) is controlled by FWTri Club from its offices within the State of Texas, United States of America. By completing this registration, both you and FWTri Club agree that the statutes and laws of the State of Texas, without regard to the conflict of laws principles thereof, will apply to all matters relating to this registration, this Agreement and Waiver, the Terms of Use or other use of the FWTri Club site. You agree that exclusive jurisdiction for any dispute with FWTri Club resides in the courts of the State of Texas and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Texas in connection with any dispute including any claim involving FWTri Club or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.


6. Severability. You further expressly agree that this Agreement and Waiver is intended to be as broad and inclusive as is permitted by the law of the State of Texas and that if any provision of this Agreement and Waiver shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and Waiver and shall not affect the validity and enforceability of any remaining provisions.


BY INDICATING YOUR ACCEPTANCE OF THIS AGREEEMENT AND WAIVER, YOU ARE AFFIRMING THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND WAIVER AND FULLY UNDERSTAND ITS TERMS.  YOU UNDERSTAND THAT YOU ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE.  YOU ACKNOWLEDGE THAT YOU ARE SIGNING THE AGREEMENT AND WAIVER FREELY AND VOLUNTARILY, AND INTEND BY YOUR ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.